Employee's personal life and the interference of the employer

Service Business

The employer does not have access to the employee's personal life. What an employed person does after work, what are his / her obligations, lifestyle, diet or family situation should not be of interest to the entrepreneur. Of course, in justified cases, the boss may and must intervene. If the employee becomes less efficient and his behavior has changed recently, the entrepreneur is obliged to conduct a delicate conversation about the personal sphere. The purpose of such a meeting will be to help in solving problems that affect the professional life of a given person. Where is the limit and how much interference in the personal life of an employee can an entrepreneur make?

Non-competition as an interference in the personal life of an employee

Some employers require an agreement under which the employed person undertakes not to engage in any competitive business. The entrepreneur cannot interfere with the employee's personal life and the activities he undertakes in his spare time, but signing a clause prohibiting the running of a competing company enables the control of activities that the employee performs outside working hours.

If the employer does not require the signing of an agreement to cease competitive activity, the employee should not take actions outside working hours that would be similar to the duties performed at work. Working 8 hours a day as a car mechanic, we cannot open our own vehicle repair facility. If the employer finds out that we are running a competitive activity, he will have grounds for termination of the employment contract.

Checking debt as an interference in the personal life of an employee

For various reasons, the employer may be interested in the financial situation of his employees. As a rule, an entrepreneur cannot obtain information about his employee's debt via the National Register of Debtors. The applicable law does not allow the processing of this type of personal data.

Important!

In the event that the employee is employed on the basis of a mandate contract, the entrepreneur may apply to the KRD for information on the financial situation of the employed person. The contractor's consent is not required.

Stop the interference in the personal life of the employee - protection of sensitive data

The Act on the Protection of Personal Data distinguishes sensitive data, the processing of which, in principle, is prohibited. Therefore, the entrepreneur cannot interfere in the personal spheres of employees' lives, which are protected by law.

Sensitive data may include information on:

  • racial or ethnic origin,

  • political views, religious and philosophical beliefs,

  • religious, party or trade union membership,

  • health condition,

  • genetic code,

  • addictions,

  • sexual life,

  • convictions, sentences and fines,

  • other judgments issued in court or administrative proceedings.

The employer also does not have the right to control the private life of the employee during working hours, if he does not inform him in advance about the use of monitoring in the company, recording of conversations or viewing e-mails. According to the European Court of Human Rights, entrepreneurs have other instruments to increase the productivity of employed people. Therefore, it is not necessary to interfere with the personal life of the employee.

Important!

If your employer asks you about your health, family or financial situation, refer to the Personal Data Protection Act. You are under no obligation to share your personal life with your boss.